Cultural change needed: ABCC

The new head of the Australian Building and Construction Commission has defended its controversial coercive investigatory powers, while personally pledging to preside over all compulsory examinations of witnesses in future.

Australian Building and Construction Commissioner Leigh Johns has also committed to publishing the ABCC’s internal litigation policies and to hosting an industry round table aimed at eliminating sham contracting.

Mr Johns has used his first public comments since taking the job to stress that the ABCC’s policing role would continue, while unveiling a broader approach to address union complaints that investigations are overwhelmingly aimed at them.

He told a Senate estimates hearing in Canberra yesterday that he was proud of the ABCC’s achievements to date and “energised by its continuing potential’’.

Mr Johns argued that the commercial construction sector “continues to require cultural reform’’, and that the ABCC operated in a “climate of opposition to our regulatory intervention".

“Our mantra will be fair and productive building and construction work,’’ he said. “Productive in the sense that the ABCC will continue to work towards eliminating unlawful industrial action and barriers to participation such as breaches of freedom of association, coercion or mandated industrial arrangements.

“Fair in the sense that the ABCC will promote harmonious, equitable practices on site, and tackle issues including sham contracting and the underpayment of building workers.’’

Mr Johns has written to the Fair Work Ombudsman,
Nick Wilson
, to stop the ABCC referring complaints about worker underpayments to the ombudsman for investigation, as part of push for the commission to become a “full service regulator’’.

Related Quotes

Company Profile

Labor wants to replace the ABCC with a specialist division of the new workplace regulator, Fair Work Australia. But the Greens want the ABCC and the role abolished.

Opposition workplace relations spokesman
Eric Abetz
told the inquiry that members of the public may have “a perception of bias or lack of independence" on the part of Mr Johns because he was a member of “a political party".

Mr Johns is a former Labor candidate in a Melbourne local council and has conducted an ALP policy review. He said he retained his political affiliation but this did not affect his new role.

Labor senator Doug Cameron raised concerns about the ABCC’s lack of investigation of workplace safety offences, but Mr Johns said this was not part of his mandate.

Master Builders Australia chief executive Wilhelm Harnisch welcomed the support for the ABCC’s coercive powers but said he did not back duplications of regulatory roles.

However, CFMEU construction division national secretary
Dave Noonan
said Mr Johns’ remarks were“too little, too late’’ and a belated admission the ABCC had failed to prosecute employers who broke the law.